The United States Information Agency ("USIA") his responsible for approving and monitoring J-1 exchange programs. In order to establish a J-1 exchange program, a company must demonstrate to the USIA that the program will meet the Agency's criteria.
The application consists of Form IAP-37, Exchange Visitor Program Application, and a detailed summary of the proposed exchange program as well as an explanation of how the J-1 sponsor plans to comply with the regulations. The applicant should also explain how the program is expected to promote communications between people in the U.S. and people of other countries. The application must be signed by the chief executive officer and contain evidence of legal status as a corporation such as the Articles of Incorporation.
The USIA will designate approved sponsor for five year periods. At least four months prior to the five year deadline of the program, the sponsor must request, by letter, a new five year extension.
After a sponsor has been designated as a J-1 exchange visitor program, the sponsor has a continuing duty to the USIA. If a participant completes or stops participating in a program thirty days or more before the ending date on the IAP-66, the sponsor is required to notify the USIA. In addition, the sponsor must notify the USIA whenever there is a change in the responsible officer or alternate responsible officers. Changes in location, ownership, or financial circumstances of the organization should be reported to the USIA also. The sponsor must file an annual report with the USIA which summarizes the year's program activities and the IAP-66 forms which have been used that year.
If the J-1 sponsor does not comply with the regulations, the USIA may impose sanctions. During the more than forty years that the J-1 program has been in existence, there has reportedly been only one instance in which the sponsor has had the program revoked. Thus, revocation is a very severe sanction which is rarely used. Typically, when there is a violation, the sponsor is simply reprimanded. A reprimand is a lesser sanction which is used in the instances where the company has failed to timely file an annual report, failed to supply the USIA with requested information, or has negligently misrepresented the program in promotional literature. The negligent misrepresentations in promotional literature may occur when the J-1 sponsor indicates that they have been supported by the USIA. In promotional literature, the J-1 sponsor is permitted to say only that it has been designated as a J-1 exchange program and is not permitted to state that it has been endorsed or sponsored by the USIA.
If the organization does not want to go through the approval procedures, it may work with an already existing exchange visitor program which agrees to provide exchange visitors to the organization. In this manner, the organization acts as a third party. The American Council on International Personnel and the Association for International Practical Training, Inc. are organizations which provide trainees to U.S. organizations.
